How can one convince the judge of his desire for his wife and the negative influence of her mother, and what are the ways to escape a divorce ruling? And in the event of Khul', can the custody of the daughter be claimed after the nursing period, and if the mother remarries, does custody transfer to the father or to the child's maternal grandmother?
A judge is supposed not to rule for divorce without a legitimate Sharia reason. The husband should seek Allah's help and strive to obtain his rights through legitimate means, presenting his arguments. As for the condition that the wife waives custody of the children in a khul', the majority of jurists (Hanafis, Shafi'is, Hanbalis) consider the khul' valid and the condition void, whereas the Malikis permit it, but the right of the next in line for custody is not forfeited. The mother has the right to custody as long as she does not marry. If she marries, her right is forfeited and transfers to the next in line. The mother has precedence over the father in custody.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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